Labster Community Campus Program Terms
These Labster Community Campus (“Program”) terms and conditions (“Agreement”) are made by and between Labster Inc., a Delaware corporation, having its principal place of business at 561 Windsor Street, B302, Somerville, Massachusetts 02143 USA, on behalf of itself and its affiliates (“Labster”) and registered members of the Community Campus Program (“Participants”). This Agreement enters into effect as of the date Participants accept the Agreement (“Effective Date”).
1. ELIGIBILITY. This Program is open to Participants who are age eighteen (18) years or older at the time of entry, and are residents of the United States of America. This Program is not open to: (1) residents of Rhode Island, Washington D.C., or Puerto Rico; (2) employees or internally contracted vendors of Labster or its parent/subsidiaries, agents, or affiliates; (3) the immediate family members or members of the same household of any such employee or vendor; (4) anyone professionally involved in the development or administration of this Program; (5) employees or internally contracted vendors of governments and government-affiliated companies or organizations; or (6) any employee whose employer's guidelines or regulations do not allow entry in the Program or acceptance of the prize(s). This Program is void where otherwise prohibited or restricted by law.
2. HOW TO PARTICIPATE. To participate in the Program, visit https://labster.influitive.com/users/sign_in, accurately and truthfully complete the online registration form, agree to the terms and conditions of this Agreement, and follow the other instructions at the website listed above.
Select the tick boxes: (a) if you would like to opt in to receive future information regarding promotions from Sponsor and its affiliated companies; and (b) to indicate that you have read, under-stood, and accepted the Program Terms by checking the appropriate box.
3. REWARDS. Subject to the terms and conditions of this Agreement, and once confirmed by Labster, Participants will be able to accrue “points” that can be redeemed for reward(s). Rewards will be featured at various price points and in limited quantities.
The approximate retail values of rewards are subject to change based on current market conditions at the time of reward redemption. Participants are not entitled to any surplus between the actual retail value (“ARV”) of a reward and the stated ARV, and any difference between the stated ARV and the actual value of the reward will not be awarded. No substitution, assignment, transfer, or cash redemption of any reward is allowed. Labster reserves the right to substitute a reward with another reward of equal or greater value should the advertised reward become unavailable for any reason. If applicable, rewards may be fulfilled in the form of voucher(s), coupon(s), and/or gift card(s), in Labster’s sole discretion. If a Participant is unable to participate in or accept a reward, or any portion of a reward for any reason, Labster shall have no further obligation to such Participant. Labster will not replace any lost or stolen rewards after redemption by Participants. In no event will Labster be responsible for fulfilling more than the stated number of rewards. Participants acknowledge and agree that rewards are available in limited quantities, and that the reward type and availability are subject to change at Labster’s sole discretion. Labster shall have no obligation or liability to Participants for any changes made to the reward type or availability.
If you are a state, county or municipal official or employee, whether part-time or full-time, paid or unpaid, elected or appointed, (collectively, “Public Employee(s)”) including (but not limited to) a teacher employed by a school district, regional school, and/or charter school, then, you represent and warrant you shall use this redeemable reward solely for your classroom and/or to buy classroom supplies, and you will use this redeemable reward in compliance with, and in a manner not prohibited by, applicable federal, state, and local laws, regulations, and/or the policies of your institution or organization regarding conflicts of interest and any other applicable laws, regulations, or policies of your institution or organization regarding gifts to, or benefits conferred upon, Public Employees. Furthermore, you represent and warrant that it is your responsibility to be aware of, and in compliance with, applicable federal, state, and local laws, regulations and the policies of your institution or organization applicable to the receipt of gifts to, or benefits conferred upon Public Employees, and that you will not accept this redeemable reward should your receipt of this redeemable reward be prohibited by applicable law, regulation, or the policies of your institution or organization, and that you will provide proper disclosures of your receipt of this redeemable reward to appropriate authorities as may required by applicable law, regulation, and the policies of your institution or organization.
FOR CANADA
By accepting or redeeming this reward, You agree to be bound by these terms and conditions. You are responsible for compliance with all laws and regulations affecting You and/or Your organization and for any use You may make of the Labster Community Campus Program.
If You are an employee or official of a Province, Territory, local government or the federal government (or otherwise employed by a Province, Territory, or a local government or the federal government), whether part-time or full-time, paid or unpaid, elected or appointed, (collectively, “Public Employee(s)”) including (but not limited to) a teacher, administrator, or faculty employed by a school, You represent and warrant You shall use this redeemable reward solely for your classroom and/or to buy classroom supplies. Further You are responsible for complying with all laws and regulations, as well as the internal policies of Your employer, including but not limited to your employer’s Code of Ethics, Standards of Practice, and any other rules relating Public Employees receiving gifts (or anything of value) and hospitality from private and/or foreign businesses with whom your employer does business.
FOR AUSTRALIA AND IRELAND
By accepting or redeeming this reward, you agree to be bound by these terms and conditions. You are responsible for compliance with all laws and regulations affecting your organization and for any use you may make of the Labster Community Campus Program.
If you are a state or territory employee whether part-time or full-time, paid or unpaid, elected or appointed, (collectively, “Public Employee(s)”) including (but not limited to) a teacher employed by a school or other educational institution, you represent and warrant you shall use this reward solely for your classroom and/or to buy classroom supplies. Furthermore, represent and warrant you will accept this reward only if doing so does not violate applicable law or regulation regulating the receipt of gifts by Public Employees. You are responsible for complying with all laws and regulations, and internal organizational policies, including but not limited to your organization’s code of ethics or other policies that regulate the receipt of gifts, benefits or hospitality by Public Employees.
4. CONDITIONS. This Program is subject to applicable federal, state, provincial, and local laws. By participating in the Program, Participants agree: (a) to be bound by these terms and conditions and the decisions of Labster, which shall be final and binding; and (b) to waive any right to claim ambiguity in the Program or these terms and conditions, except where prohibited by law. Taxes, if any, are the sole responsibility of the Participants; and Participants may be issued an IRS Form 1099 or other tax documentation, in accordance with applicable law, for the ARV of any redeemed reward. By participating in the Program, all Participants agree to release and hold harmless Labster and its directors, employees, officers, licensees, licensors, and agents, and respective advertising and Program entities, and any person or entity associated with the administration of the Program (collectively, the “Released Parties”), from and against any and all rights, claims, and causes of action whatsoever that they may have, or which may arise, against any of them for any liability for any matter, cause, or thing whatsoever, including but not limited to, any injury, loss, or damage, whether direct, compensatory, incidental, or consequential, to a person, including death, and damage to property, arising in whole or in part, directly or indirectly, from their acceptance, possession, use, or misuse of a reward, or their participation in the Program, or their participation in any Program or reward related activity. Each Participant acknowledges that the Released Parties have neither made, nor are in any manner responsible or liable for, any warranty, representation, or guarantee, expressed or implied, in fact or in law, relative to any reward or the Program. Apart from manufacturer warranties (which may not be available in all geographies), all warranties are hereby disclaimed, and each Participant will accept the reward “AS IS”. All costs and expenses, including support services, not specifically listed above as part of the reward, are solely the Participant’s responsibility.
None of the Released Parties are responsible for: (a) lost, late, misdirected, undeliverable, incomplete, or indecipherable entries due to system errors or failures, faulty transmissions, or other telecommunications malfunctions and/or entries; (b) technical failures of any kind; (c) failures of any of the equipment or programming associated with or utilized in the Program; (d) unauthorized human and/or mechanical intervention in any part of the submission process or the Program; or (e) technical or human error which may occur in the administration of the Program or the processing of entries.
Use of any automated entry device or software is prohibited. Creation or use of multiple accounts for registration or participation in the Program is prohibited. To the extent the Program uses or requires functionality of any third party website (e.g., social media sites or platforms that enable broad communications, collaboration and/or posting of videos), you understand that the Program is not sponsored by such third parties, and further agree to follow the policies on such website(s), as applicable. Labster reserves the right to disqualify any Participant it finds to be tampering with the reward process, the operation of the Program, or violating these terms and conditions, and reserves the right to cancel the Program should it suspect fraud or for reasons out of the control of Labster. This Program is void where prohibited by law. Disputes regarding these terms and conditions and/or this Program will be governed by the internal laws of the State of New York. ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION OF SUCH PERSON FROM PARTICIPATION IN THE PROGRAM. SHOULD SUCH AN ATTEMPT BE MADE, LABSTER RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
All Participants are solely responsible for compliance with any applicable laws, rules and regulations, contractual limitations and/or office or organizational policies, if any, including but not limited to your organization’s Code of Ethics and Standards of Practice, regarding Participant's participation in the Program or redemption and acceptance of Program rewards; and by entering this Program, Participant confirms that he or she is not in violation of any of the foregoing and has obtained the consent of his or her employer to participate, if applicable. If a Participant is not permitted to accept any redeemed reward, then the Participant may return such prize to Labster, and Labster will refund the cost of shipment, as appropriate.
Subject to applicable law, Labster reserves the right, in its discretion, to: (a) cancel, terminate, modify, or suspend this Program and these terms and conditions, for any reason, at any time, and without any liability; and (b) limit or restrict participation in the Program, upon notice.
5. PUBLICITY AND RELEASE. Participants acknowledge and agree that Labster may use the Program for publicity, advertising, or other marketing purposes in any media, and may use the name, likeness, state of residence, and/or reward information of Participants as part of that publicity, without additional compensation to the Participants.
Prior to being utilized for any publicity as described above, Participants will be required to sign a Declaration and Publicity Release Form (the "Release Form"). By completing and returning the Release Form, Participants confirm compliance with these Program Terms, releases the Released Parties from all liability relating to the Program and/or to the rewards, and consents to the use of his/her name, without additional compensation, in connection with any publicity carried out by or on behalf of Labster with respect to the Program, including any of Labster’s social media accounts.
Participants agree to reasonably cooperate in any investigations by Labster to confirm his/her eligibility and to help ensure that the use of such Participant’s information in advertising or publicity for the Program will not bring Labster into public disrepute, contempt, scandal, ridicule, or reflect unfavorably on the Program or Labster as determined by Labster in its sole discretion.
6. COMPUTER, INTERNET, AND PROGRAM ADMINISTRATION. Labster is not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction, or unauthorized access to, or alterations of, entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of, or failure to receive entry information by, Labster on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof. If for any reason the Program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which, in Labster’s sole determination, corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Program, Labster reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend the Program. If the Program is cancelled for any reason, notice will be posted on the Program website and the rewards may, in Labster’s sole discretion, be awarded to eligible Participants.
7. PRIVACY. Labster respects each Participant's right to privacy. By participating in the Program and voluntarily providing personal information, Participants consent and agree to Labster's collection and use of Participant’s information for the administration of the Program in accordance with the applicable privacy policies of Labster available at https://www.labster.com/privacy-policy/ (“Privacy Policy”).
In the event of a dispute as to the identity of Participants, registrations made on-line will be deemed to have been made by the authorized account holder of the email address submitted at the time of entry. An "authorized account holder" is defined as the natural person assigned to an email address by an internet service provider, on-line service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email addresses. Participants may be required to show proof of being the authorized account holder for the email address associated with the Program.
8. CONFIDENTIAL INFORMATION. In connection with the Program, Participants may receive proprietary and/or confidential Labster information. Such proprietary and/or confidential information includes information in any form or medium (whether oral, written, electronic, or other) that Labster considers confidential or proprietary, including, but not limited to, information consisting of or relating to Labster's technology, trade secrets, know-how, business operations, plans, product road maps, beta testing, strategies, customers, and pricing, and information with respect to which Labster has contractual or other confidentiality obligations, in each case whether or not marked, designated, or otherwise identified as "confidential". Participants shall hold confidential and shall not use or permit others to use any proprietary and/or confidential information identified as such in writing or orally by Labster, or information which Participant should reasonably know or has reason to know is confidential, proprietary, or trade secret information of Labster.
9. FORCE MAJEURE. Labster shall not be liable for any delay or failure in performance whatsoever due to Acts of God, earthquakes, shortages of supplies, transportation difficulties, labor disputes, riots, war, fire, epidemics and similar occurrences, or government act, decree, or regulation. The obligations and rights of Labster shall be extended on a day-to-day basis for a period of time equivalent to the period of the delay.
10. NO WAIVER. No waiver of rights under this Agreement by either party shall constitute a waiver of this or any other right under this Agreement.
11. SEVERABILITY. In the event that any term of this Agreement becomes or is declared illegal by any court of competent jurisdiction, such term(s) shall be null and void and shall be deemed deleted from this Agreement. All remaining terms of this Agreement shall remain in full force and effect.
12. SURVIVAL. Any rights and obligations which by their nature should survive termination or expiration, shall survive the termination or expiration of this Agreement.
13. NO AGENCY. Neither party has the right or authority to, and shall not, assume or create any obligation of any nature whatsoever on behalf of the other party or bind the other party in any respect whatsoever.
14. ENTIRE AGREEMENT. This Agreement is the entire agreement between the parties hereto concerning the subject matter hereof and replaces any prior oral or written communications between the parties. In the event of any discrepancy or inconsistency between these Program Terms and disclosures or other statements contained in any Program-related materials, including, but not limited to: the Program entry form, and/or point of sale, television, print or online advertising; these Program Terms shall prevail, govern, and control.